v Schindler Lifts Australia Pty Ltd Summary

[2025] FWC 2576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Schindler Lifts Australia Pty Ltd

(B2025/1363)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1158.

This matter concerns the declaration of the result of a protected action ballot PR789835 held in matter B2025/1158 and declared on 5 August 2025.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days from the expiry of the original 30 days.

Schindler Lifts Australia Pty Ltd has not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 4 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for an extension of the 30-day period in which industrial action could be authorised by a protected action ballot. The application related to the ballot PR789835, which was declared on 5 August 2025. Schindler Lifts Australia Pty Ltd did not object to the application. The AMWU argued that the requirements of the Fair Work Act 2009 were met, and the period should be extended by a further 30 days from the expiry of the original 30 days.

The primary legal issue was whether the AMWU's application met the criteria under section 459(3) of the Fair Work Act 2009 for extending the 30-day period for protected industrial action. This section permits the Fair Work Commission to extend the 30-day period if the applicant for the protected action ballot order applies for the extension and if the period has not already been extended. The AMWU contended that both conditions were satisfied. Schindler Lifts Australia Pty Ltd did not raise any objections to the application. The court needed to determine whether the application complied with the statutory requirements and if the extension should be granted.

The Deputy President concluded that the AMWU's application met the requirements of section 459(3) of the Act. The application was made by the applicant for the protected action ballot order, and there was no prior extension of the 30-day period. Given that Schindler Lifts Australia Pty Ltd did not object, the Deputy President was satisfied that the extension should be granted. Accordingly, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 4 September 2025. This order was made under section 459(3) of the Fair Work Act 2009.

v Schindler Lifts Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established